Permanent Partner Visa Granted After Relationship Has Broken Down Due to Family Violence

You can still be granted a permanent Partner visa even though your relationship has broken down from your partner on the basis of violence, even if there is no police report.

 

Permanent Partner Visa Due to Family Violence

In a recent case of TRAN (Migration) [2018] AATA 5700 (20 December 2018), the Tribunal has decided to remit the refused Subclass 801 to the Department on the basis that the Tribunal, although with concerns, found that the family violence was committed by the sponsor on the applicant occurred whilst the parties were in the relationship.  

Various evidence was provided to the Tribunal before and after the hearing, particularly an Independent Expert report was considered. According to the information received during the Tribunal, the Tribunal raised great concerns over the credibility of the applicant especially given that she was giving inconsistence information in relation to the relationship, and about the birth details of her baby, in particular, she was unable to give a credible answer as to why there was no name of the biological father on the baby’s certificate.

Due to much conflicting and vague evidence that was provided by the applicant, which was considered to be problematic, and therefore the Tribunal was not satisfied that sufficient non-judicial information was provided for the purposes of r.1.23 and an Independent Expert opinion was sought.

Upon receiving an affirmative report from the IE, the Tribunal held that when there is an IE’s opinion is that a person has suffered relevant family violence, at least part of the violence that led to that opinion must have occurred while the married or de facto relationship existed, under r.1.23 of the Migration Regulations, the Tribunal is required to take as correct an IE’s opinion, properly made.

 

How Can Agape Henry Crux Help

 

We have represented in the past for our clients who unfortunately suffered family violence in their relationship. At Agape Henry Crux, we believe that you should not remain in an abusive relationship for fear that it would affect your visa status and your opportunity to stay in Australia.

Our experienced immigration lawyers and migration agents will help you through this stressful period of time and also speak fluent Mandarin, Korean, Cantonese and Indonesian. Let us help you! Contact us now on at info@ahclawyers.com.